13th COA--Christus Spohn Hospital et al v. Lackey; Expert Reports in Survival and Wrongful Death Action

Thanks for Bruce Anderson of Brin & Brin in San Antonio for this case summary.

In Christus Spohn Health System Corporation, et al v Lackey, et al, the court held that the expert reports were adequate for the survival action, but not for the wrongful death action.  They sent the case back to dismiss the wrongful death cause of action (a 30 day extension had already been given). 

This is NOT the law in the 4^th Court of Appeals.  They believe that if the report is sufficient as to any part of plaintiff’s case, the motion to dismiss must be overruled.  This is a conflict that the Supreme Court will have to take on eventually. 

See the opinion at Christus Spohn Hosp. et al v. Lackey